Douglas L. Perreault v. Gwyn O'Brien Genesee Cnty. Sheriff's Dep't Genesee Cnty., 852 F.2d 568 (6th Cir. 1988). · Go Syfert
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Douglas L. Perreault v. Gwyn O'Brien Genesee Cnty. Sheriff's Dep't Genesee Cnty., 852 F.2d 568 (6th Cir. 1988). Cases Citing This Book View Copy Cite
“an order dismissing fewer than all of the defendants from an action is not a final appealable order unless the district court directed entry of final judgment against those defendants pursuant to fed. r. civ. p. 54(b).”
51 citation events (13 in the last 25 years) across 10 distinct courts.
Strongest positive: Kriegsmann v. Capital One Bank (USA), N.A. (mied, 2025-02-12)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 5 distinct citers.
examined Cited as authority (quoted) Kriegsmann v. Capital One Bank (USA), N.A.
E.D. Mich. · 2025 · quote attribution · 1 verbatim quote · confidence low
an order dismissing fewer than all of the defendants from an action is not a final appealable order unless the district court directed entry of final judgment against those defendants pursuant to fed. r. civ. p. 54(b).
discussed Cited "see" Ertzinger v. Kelly
N.D. Ohio · 2024 · signal: see · confidence high
See Klyce v. Ramirez, 852 F.2d 568 , 1988 U.S. App. LEXIS 9788, at *9 (6th Cir. 1988); see also B&H Med., L.L.C. v. ABP Admin., Inc., 526 F.3d 257 , 267 n. 8 (6th Cir. 2008) (‘a prior complaint is a nullity’).
discussed Cited "see" Schroeder v. Schroeder
E.D. Mich. · 2022 · signal: see · confidence high
See Brown v. Randell, 852 F.2d 568 (6th Cir. 1988) (Table) (holding that speculative damages could not meet 3 The court notes that although a pro se litigant's complaint is to be construed liberally, Erickson v. Pardus, 551 U.S. 89, 94 (2007), that leniency is “not boundless,” Martin v. Overton, 391 F.3d 710, 714 (6th Cir. 2004).
cited Cited "see" Gateway KGMP Development, Inc. v. Tecumseh Products Co.
6th Cir. · 2013 · signal: see · confidence high
See Klyce v. Ramirez, 852 F.2d 568 , 1988 WL 74155, at *3 (6th Cir.1988) (unpublished).
discussed Cited "see, e.g." Trey Mansfield v. City of Murfreesboro (2×)
6th Cir. · 2017 · signal: see also · confidence low
Co., 15 F.3d 546 , 551 (6th Cir. 1994) (“[A] case which is disposed on summary judgment is appealable pursuant to 28 U.S.C. § 1291 despite the fact that the case with which it is consolidated has not been disposed.”); see also Klyce v. Ramirez, 852 F.2d 568 , 1988 WL 74155, at *3 (6th Cir. 1988) (unpublished table decision) (dismissing appeal where plaintiff’s amended complaint consolidated claims previously brought in five separate complaints and where order appealed from had only dismissed claims against some of the defendants named in the amended complaint).
Douglas L. Perreault
v.
Gwyn O'Brien Genesee County Sheriff's Department Genesee County
88-1419.
Court of Appeals for the Sixth Circuit.
Jul 26, 1988.
852 F.2d 568
Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 77%
Citer courts: E.D. Michigan (1)

852 F.2d 568

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Douglas L. PERREAULT, Plaintiff-Appellant,
v.
Gwyn O'BRIEN; Genesee County Sheriff's Department; Genesee
County, Defendants-Appellees.

No. 88-1419.

United States Court of Appeals, Sixth Circuit.

July 26, 1988.

1

Before BOYCE F. MARTIN, Jr. and WELLFORD, Circuit Judges and JAMES H. JARVIS, District Judge.[*]

ORDER

2

This matter has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit and upon appellant's motion entitled "Motion for Appeal as of Right from the Partial Dismissal of Defendant Genesee County."

3

A review of the file and the certified record indicates that the district court's order filed on March 20, 1987, and entered on March 23, 1987, dismissed defendant Genesee County as a party, and ordered that the complaint be served on the remaining defendants, O'Brien and Genesee County Sheriff's Department. The Genesee County Sheriff's Department was served on July 7, 1987. Appellant's motion to reconsider the dismissal of Genesee County, filed January 4, 1988, was denied by the district court by order entered April 1, 1988. The appellant filed his notice of appeal on April 20, 1988.

4

This court lacks jurisdiction in the appeal. Absent Fed.R.Civ.P. 54(b) certification, an order disposing of fewer than all the claims or parties is not appealable. Liberty Mut. Ins. Co. v. Wetzel, 424 U.S. 737, 744 (1976); Solomon v. Aetna Life Ins. Co., 782 F.2d 58, 59 (6th Cir.1986). No rule 54(b) certification was made in the instant appeal. The final decision of the district court has not been entered during the pendency of this appeal; therefore, this court lacks jurisdiction. See Gillis v. Department of H.H.S., 759 F.2d 565 (6th Cir.1985).

5

Accordingly it is ORDERED that the appeal be and the same is hereby dismissed. Rule 9(b)(1), Rules of the Sixth Circuit.

*

The Honorable James H. Jarvis, U.S. District Judge for the Eastern District of Tennessee, sitting by designation